HomeMy WebLinkAboutR-1995-12
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RESOLUTION NO. 95- 12
A RESOLUTION ESTABLISHING THE POLICY 01' THE CITY COUNCIL 01' THE
CITY 01' LA PORTB CONCERNING "AN ORDINANCE VACATING, ABANDONING AND
CLOSING ALLEYS WITHIN BLOCKS 865, 899 AND 900, TOWN OF LA PORTB,
AND FURTHER VACATING, ABANDONING AND CLOSING PORTIONS OF THE SOUTH
12TH STRBET, SOUTH 13TH STREET, AND WEST "I" STRBET RIGHTS-OF-WAY,
IN THB TOn 01' LA PORTB, BARRIS COUNTY, TEXAS;" FINDING COMPLIANCE
WITH THE OPEN MBETINGS LAW; AND PROVIDING AN EFpECTIVB DATB HEREOp.
BB IT RBSOLVBD BY THE CITY COUNCIL 01' THB CITY OF LA PORTE:
Section 1. J.A.C. Interests, Inc. has filed an application
with the City of La Porte for the vacating, abandoning and closing
of certain alleys and street rights-of-ways, and more particularly
described in a draft ordinance attached hereto as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2. The City Council of the City of La Porte, by the
passage of this resolution, expresses its policy and the sense of
the City Council, that an ordinance in substantially the form
attached hereto as Exhibit "A", incorP9rated by reference herein,
and made a part hereof for all purposes, shall be passed by the
ci ty Council of the ci ty of La Porte upon compliance by the
applicant with all the requirements of Chapter 21, Article III, of
the Code of Ordinances of the City of La Porte for the vacating,
abandoning, and closing of alleys and street rights-of-way within
the City of La Porte, including, but not limited to, agreement
between the applicant and the City of La Porte, on the amount of
consideration to be paid by the applicant to the City of La Porte
as the fair market value of said alleys and street rights-of-way.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
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RESOLUTION NO. 95--11-
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ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this resolution and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 27th day of November, 1995.
~F LA POR~
By: ~
~ rma L. ~e. Mayor
ATTEST:
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Sue Lenes, City Secretary
AP~~L
Knox W. ASkins, City Attorney
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D~ArrT
ORDINANCE NO. 95-
AN ORDINANCE V ACA TING, ABANDONING AND CLOSING ALLEYS WITHIN
BLOCKS 865; 899; 900, TOWN OF LA PORTE, AND FURTHER VACATING,
ABANDONING, AND CLOSING PORTIONS OF THE SOUTH 12TH STREET, SOUTH
13TH STREET, AND WEST "I"STREET RIGHTS-OF-WAY, IN THE TOWN OF LA
PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by record
owners of all of the properties abutting the hereinafter described alleys within Blocks 865;
899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the
South 12th Street, South 13th Street, and West "I" Street rights-of-way, in the Town of La
Porte, Harris County, Texas, to vacate, abandon, and permanently close the alleys within
Blocks 865; 899; 900, Town of La Porte and further vacating, abandoning, and closing
portions of the South 12th Street, South 13th Street, and West "I"Street rights-of-way; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine and declare that the hereinafter described alleys within Blocks 865;
899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the
South 12th Street, South 13th Street, and West "I" Street rights-of-way, Town of La Porte,
Harris County, Texas, are not suitable, needed, or beneficial to the public as public roads,
streets and alleys, and that the closing of the hereinafter described alleys within Blocks 865;
899; 900, Town of La Porte, and further vacating, abandoning, and closing portions of the
South 12th Street, South 13th Street, and West "I"Street rights-of-way, Town of La Porte,
Harris County, Texas, is for the protection of the public and for the public interest and
benefit, and that the hereinafter described alleys within Blocks 865; 899; 900, Town of La
Porte, and further vacating, abandoning, and closing portions of the South 12th Street, South
13th Street, and West "I" Street rights-of-way, should be vacated, abandoned, and
EXHIBIT A.
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Ordinance 95-
Page 2 of 4
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the City of La Porte under
its Home Rule Charter and Chapter 13, Title 28, Article 1175, of the Revised Civil Statutes
of the State of Texas, 1925, the hereinafter described alleys within Blocks 865; 899; 900,
Town of La Porte, and further vacating, abandoning, and closing portions of the South 12th
Street, South 13th Street, and West "I" Street rights-of-way, Town of La Porte, Harris
County, Texas, are hereby permanently vacated, abandoned and closed by the City of La
Porte, to-wit:
Being the entire alleys located within the Town of La Porte, Blocks 865; 899;
900. Said alleys being further described by map illustration attached to this
ordinance, identified as Exhibit "A" and fully incorporated by reference
herein;
Further being the entire 13th Street Right-of-Way between Town of La Porte
Blocks 865 and 866; 899 and 900 from North right-of-way line of Fairmont
Parkway to the South right-of-way line of West "H" Street. Said property
being further described by map illustration attached to this ordinance,
identified as Exhibit "A" and fully incorporated by reference herein;
Further being the entire 12th Street Right-of-Way between Town of La Porte
Blocks 168 and 865; 169 and 900 from the North right-of-way line of Fairmont
Parkway to the South right-of-way line of West "H" Street. Said property
being further described by map illustration attached to this ordinance,
identified as Exhibit "A" and fully incorporated by reference herein;
Further being the entire West "I"Street Right-of-Way, between Town of La
Porte Blocks 866 and 899; 865 and 900; 168 and 169 from the West right-of-
way line of State Highway 146 to the East right-of-way line of 14th Street.
Said property being further described by map illustration attached to this
ordinance, identified as Exhibit "A" and fully incorporated by reference
herein;
Provided, however, the City of La Porte retains a temporary easement for the
operation of an eight inch (8 ") sanitary sewer main located in that portion of
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DRAFT
Ordinance 95-
Page 3 of 4
the West "I" Street Right-of-Way located between the East right-of-way line
of South 14th Street and the West right-of-way line of South 12th Street, said
easement being further described by map illustration attached to this
ordinance, identified as Exhibit "B "and fully incorporated by reference herein.
Said easement shall be retained until such time as a replacement sewer main
has been constructed, accepted by the City of La Porte, and placed in service.
At such time as the above conditions have been satisfied, this temporary
easement shall be permanently abandoned together with all rights appurtenant
thereto.
Further provided that the City of La Porte, for benefit of Houston Lighting
and Power Company, a duly authorized franchise utility company of the City
of La Porte, retains a temporary aerial and ground utility easement for the
operation of electrical service lines located in the alleys of Town of La Porte
Blocks 865 and 900, bounded by the North right-of-way line of Fairmont
Parkway, crossing the West "I"Street Right-of-Way, and bounded by the South
right-of-way line of West "H" Street. Said easement being further described
by map illustration attached to this ordinance, identified as Exhibit "C" and
fully incorporated by reference herein. Said easement shall be retained until
such time as replacement electrical utility lines have been constructed,
accepted by Houston Lighting and Power Company and placed into service.
At such time as the above conditions have been satisfied, this temporary
easement shall be permanently abandoned together with all rights appurtenant
thereto.
Section 2. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law, Article
6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting thereof.
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Ordinance 95-
Page 4 of 4
Section 3. Applicant shall have thirty (30) days from the date of the final passage
of this ordinance to pay the City in certified funds the sum of $
as
consideration hereunder. Further provided that no construction of public improvements
within the Kroger - Fairmont Parkway Center Subdivision shall commence until such time
as payment is made. If such payment has not been paid within the thirty (30) day period
specified, this ordinance shall be null and void.
PASSED AND APPROVED, this
day of
. 1995.
CITY OF LA PORTE
BY
Norman L. Malone, Mayor
A TrEST:
City Secretary
APPROVED:
City Attorney
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